Humanizing Legal Education
For many lawyers, the memory of law school is not a pleasant one. We endured it while we were there and we escaped. But, for the very reasons that we ran screaming away from law school, it is fertile ground for new ideas about humanizing the law. Many of the models of Transformational Law are based in law schools. And, a new movement dedicated to humanizing law school is growing among law professors, deans and clinical instructors.
Daisy Floyd, Dean of Mercer Law School, found that law students seem to be going through a grief process. She and her students have noticed that all of the stages of grief, ending with resignation, are expressed in law school. Perhaps, says Steve Keeva, this is a result of loss of self and what is important to the individual. In the quest for "thinking like a lawyer," students lose the ideals that called them to law school in the first place.
Research has documented the deleterious effects of law school on students’ well-being and on their values. A study recently completed by psychologist Ken Sheldon and Larry Krieger tracks and correlates changes well being, values, and motivation of among students from orientation through the third year of law school. The findings suggest that new law students are quite well adjusted and service oriented, but that their well being drops dramatically and their values shift toward less adaptive, 'extrinsic' pursuits, during law school. A second, diverse law school was studied through the first year, and the results confirmed those of the initial study, suggesting that these results may be generalizable to other law schools. This study has been accepted for publication (Behavioral Sciences and Law). Further follow up research is also being conducted by Professor Krieger. For further information or to participate, contact Professor Krieger.
This research confirms the conclusion already reached by many commentators. See, e.g., Lawrence S. Krieger, Institutional Denial About the Dark Side of Law School, and Fresh Empirical Guidance for Constructively Breaking the Silence, 52 J. Legal Educ. 112, 113 (March/June 2002); Hess, Gerald F., Heads and Hearts: The Teaching and Learning Environment in Law School, 52 J. Legal Educ. 75 (2002); Lawrence Krieger, What We’re Not Telling Law Students – and Lawyers – That they Really Need to Know: Some Thoughts-in-Action Toward Revitalizing the Profession from its Roots, 13 J.L. & Health 1 (1998-99); Iijima, Ann L., Lessons Learned: Legal Education and Law Student Dysfunction, 48 J. Legal Educ. 524 (1998); and Note, Making Docile Lawyers: An Essay on the Pacification of Law Students, 111 Harv. L. Rev. 2027 (1998). More resources are listed at: http://www.law.fsu.edu/academic_programs/humanizing_lawschool/images/readinglist.pdf.
Hundred of legal educators are now part of an initiative to humanize legal education and to combat these ills. The Humanizing Legal Education is rapidly evolving and growing. An Executive Board was formed in December 2004, with board members Susan Daicoff, Justine Dunlap, Kathy Hessler, Howard Fink, Larry Krieger, Tracy McGaugh, Herb Ramy, Michael Schwartz, Josh Rosenberg, Bob Schuwerk, Nancy Soonpa, and Bruce Winick.
Professor Larry Krieger at Florida State University has been instrumental in initiating and organizing this movement. He maintains a website dedicated to this initiative at http://www.law.fsu.edu/academic_programs/humanizing_lawschool.php. This website contains resources for law students and law teachers and administrators, and other information for those interested in humanizing the law school experience. It also hosts a Listserv discussion group, which, as of December 2004, had approximately 300 subscribers. Typical discussions involve teaching practices, law student stress, and professional values. Interested law teachers, administrators and others are encouraged to subscribe. For more information about the listserv go here, or you can subscribe by sending an empty e-mail to subscribe-legaled@law.fsu.edu.
In addition to the resources available on the Humanizing Legal Education website, a number of other resources are available:
§ A new booklet for reducing law school stress is available. It can be used in programs such as orientation, academic support or placement, or in courses (particularly Legal Writing and other first-year courses, Professional Responsibility, clinical programs, and other professionalism/professional skills offerings). See The Hidden Sources of Law School Stress - Avoiding the Mistakes that Create Unhappy and Unprofessional Lawyers.
§ Renaissance Lawyer sponsors a listserv for law students and professors interested in revitalizing the practice of law and legal education. Our goal is to support legal innovation and transformation. Join us for encouragement, networking, and great discussions of how we want to shape the legal profession. Go to the yahoo group website or join by sending an email to: renaissancelawstudents-subscribe@yahoogroups.com
§ Renaissance Lawyer Society also sponsors conference calls and a Law Student Salon. The Law Student Salon serves as a network for law students who are, and who want to, emerge as leaders in the creation of a legal system that works for everybody. Contact Kevin Ginsberg at kbginsberg@hotmail.com to express your interest.
